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A
A
Okay
good
morning,
everybody
and
welcome
to
the
business
license
hearing
of
november
23rd
2021..
A
This
is
a
business
license
hearing
regarding
the
revocation
of
a
business
license
that
was
issued
to
al
karim,
cocky
of
planet
rock
and
before
we
begin
this
morning's
proceedings.
I
have
some
opening
remarks.
A
If
a
council
member
attending
by
electronic
means
loses
connection
during
the
voting
process,
staff
are
available
to
get
you
back
online
quickly.
While
that
voting
process
is
suspended
and
staff
contact
information
has
been
circulated
to
you.
Panel
members,
video
of
council
members
speaking
and
the
vote
results
will
be,
will
be
projected
on
the
live
stream
when
available
and
for
council
members
that
are
participating
by
electronic
means
in
accordance
with
section
14.13
of
the
procedure
by
law.
A
Please
do
ensure
your
video
is
turned
on
and
let
the
clerks
know
if
you
leave
the
meeting
for
the
purposes
of
maintaining
quorum,
also
like
to
acknowledge
that
we
are
on
the
unseated
territories
of
the
muskriam
squad
missions,
label,
tooth
peoples,
and
we
thank
them
for
having
cared
for
this
land
and
look
forward
to
continuing
to
work
with
them
in
partnership.
As
we
build
this
great
city
together,
so
clerk
can
we
have
the
roll
call?
Please.
B
Good
morning,
councillor
kirby
young
is
present.
As
chair
counselor
fry
present,
counselor
hardwick
present
you
have
a
quorum.
A
Thank
you
clerk,
okay,
so,
in
terms
of
the
order
of
proceedings,
we
will
begin
this
morning's
business
license
hearing
commencing
with
opening
remarks
from
robert
leblanc,
acting
as
counsel
for
the
city
of
vancouver.
C
C
I
have
conducted
the
proceedings
this
morning
on
behalf
of
of
the
city,
I'm
just
going
to
pause
now
and
note
that
across
council
chamber
here
I
see
council
on
behalf
of
mr
khaki
and
who
I
think
is
mr
khaki
as
sitting
to
her
right.
So
I'm
just
going
to
give
them
an
opportunity
to
introduce
themselves.
D
D
I'm
appearing
on
behalf
of
mr
khaki
I'll
cream
khaki,
the
sole
proprietor
of
planet
rock.
C
You
this
hearing
this
morning
is
before
the
panel
to
consider
the
recommendation
of
the
city's
chief
license
inspector
to
revoke
the
business
license
for
mr
khaki
who's
carrying
on
business
as
planet
rock
at
the
address
of
1051
granville
street.
That
recommendation
by
the
chief
license
inspector
and
the
basis,
therefore
is
set
out
in
her
letter
of
october
1st
2021
to
the
licensee.
C
Therefore,
it
is
my
opinion
you
are
guilty
of
such
gross
misconduct
in
or
with
respect
to
the
operation
of
your
business
that,
pursuant
to
section
278
of
the
vancouver
charter,
I
am
referring
your
business
license
to
a
business
license
hearing
with
a
recommendation
to
have
your
business
license
revoked
at
the
hearing.
A
panel
of
three
city
council
members
will
determine
whether
or
not
your
business
license
ought
to
be
revoked.
C
C
Among
other
things,
the
store's
website
advertises
itself
as
a
smoke
and
vapor
shop
that
sells
smoke
and
vaping
merchandise
and
paraphernalia,
including
things
like
bongs
scales,
knives,
cannabis,
seeds
and
snack
food
at
tab.
3
of
the
evidence
book
the
city
has
included
some
screen
grabs
of
the
website,
which
I
happened
to
visit
yesterday
afternoon
and
can
confirm
that
this
is
the
information
that
is
still
up.
C
C
I
should
note
that
at
no
time
has
the
licensee
possessed
a
city
business
license
authorizing
him
to
carry
on
business
as
a
cannabis
retailer.
The
evidence
book
before
the
panel
documents
numerous
and
ongoing
complaints
from
the
public.
Regarding
the
sale
of
vaping
tobacco
and
cannabis
products
to
minors
at
planet
brock
since
april
2017.,
those
complaints
were
made
in
most
cases
by
concerned,
parents
and
educators
and
public
workers
engaged
with
youth,
whose
underage
children
and
students
were
able
to
purchase
such
items
from
the
shop
unlawfully.
C
In
the
case
of
both
enforcement
agencies,
the
sale
of
such
cannabis,
vaping
and
vaping
products
to
minors
was
was
observed.
C
Those
three
witnesses
in
order
this
morning
are
kevin.
Korus,
mr
coors
is
a
supervisor
of
inspections
with
vancouver
coastal
health.
C
C
The
the
council's
power
to
review
a
business
license
is
set
out
in
section
275
of
the
vancouver
charter.
That
section
states
that
the
granting
or
refusing
of
a
license
to
an
applicant,
therefore,
and
the
revocation
or
suspension
of
a
license
which
has
been
granted
shall
be
deemed
to
be
in
the
discretion
of
counsel
and
council
may
grant
refuse
revoke
or
suspend
license
without
stating
any
reasons.
Therefore,
saving
respect
of
a
licensee
who,
by
reasonable
efforts,
cannot
be
found
and
councils
shall
not
revoke
a
license
without
giving
the
holder
thereof
an
opportunity
to
be
heard.
C
And,
of
course,
this
morning
is
mr
khaki's
opportunity
to
be
heard
under
that
section,
though,
this
panel
has
broad
powers
to
revoke,
suspend
or
uphold
a
business
license.
C
C
Excuse
me
are
helpful
to
point
out
because
they
bear
consideration
by
this
panel
on
the
matter.
That's
before
it
today.
C
The
procedure
this
morning
under
that
section
indicates
the
chief
license
inspector
may
in
any
case,
recommend
to
council
in
writing
the
suspension
or
revocation
of
any
license,
setting
out
the
reasons
for
such
recommendation.
The
council
shall
not
suspend
or
revoke
the
license
without
previous
notice
and
an
opportunity
to
be
heard
being
given
to
the
holder
thereof.
C
C
You
can
ask:
has
the
licensee
conducted
himself
in
a
way
that
may
be
harmful
or
dangerous
to
the
health
or
safety
of
the
youth
in
the
city,
and
you
can
ask?
Has
the
licensee
conducted
himself
in
a
way
that
has
created
a
drain
on
police
and
city
resources
in
these
hearings?
This
is
an
administrative
hearing.
The
rules
of
natural
justice
apply,
so
I
will
ask
the
panel
to
be
mindful
of
the
fact
that
the
license
holder
is
entitled
to
hear
the
allegations
against
him
this
morning.
C
He
may
respond
to
those
allegations.
He
may
ask
questions
of
the
city's
witnesses
and
he
may
provide
evidence
on
his
own
behalf
and
after
hearing
all
of
the
evidence,
that's
going
to
be
presented
to
you
this
morning.
If
you
see
fit
to
revoke
the
business
license
or
place
restrictive
conditions
on
the
license,
you
must
give
reasons
for
this,
for
the
suspension
or
revocation
of
the
license
in
the
same
way
that
the
chief
license
inspector
has
in
her
letter
of
october
1st.
C
E
Good
morning,
everyone,
my
name,
is
kevin
curse.
I'm
the
supervisor
of
the
tobacco
vapor
products,
compliance
program
at
vancouver,
coastal
health.
C
And
can
you
tell
the
panel
a
synopsis
perhaps
of
what
those
what
your
duties
involve.
E
Our
program
ensures
compliance
with
with
respect
to
the
tobacco
and
vapor
products,
control,
act
and
regulation.
E
Through
the
ministry
of
health,
we
are
mandated
to
conduct
a
specific
number
of
inspections,
whether
it
be
educational
inspections
which
we
call
routine
inspections,
or
we
carry
out
a
minor
test
shopping
program.
So
we
have
approximately
nine
minor
test
shoppers
aged
16
to
18
years
old,
that
we
send
into
all
stores
in
the
vancouver
coastal
health
catchment
area
to
test
their
compliance
and
making
sure
that
they
are
asking
identification
when
selling
these
specific
products
that
are
age,
restricted.
C
Now,
you're
here
today
with
respect
to
a
business
being
run
by
the
name
of
planet
rock
at
1051
grand
bill
street.
I
understand
you're
familiar
with
this
particular
business
correct
and
you
have
provided
in
the
the
evidence
package.
That's
before
the
panel,
a
synopsis
of
the
compliance
checks
and
investigation
and
enforcement
activity
by
your
agency
with
respect
to
the
the
business
at
1051,
grand
stream
correct
just
for
the
panel's
information.
C
E
So
I
was
contacted
by
the
vancouver
police
department
by
detective,
originally
by
detective
craig
reynolds,
which
connected
me
with
tim,
rich.
E
Some
information
was
brought
to
our
attention
due
to
the
product
specific
products
that
fall
under
our
legislation
being
sold
at
planet
rock
we've
had
an
ongoing
history
with
planet
rock.
I
basically
provided
a
history
timeline
of
my
transition
from
district
officer,
which
I
was
planet,
rocks
district
inspector
prior
to
2017
and
out
basically
my
time
as
a
supervisor,
because
the
complaints
get
they
get
filtered
towards
me.
So
I
would
then
take
those
complaints
and
assign
them
to
the
current
district
officer.
E
E
We
had
received
nine
complaints.
All
those
complaints
were
sales
to
minors,
some
it
was
concerning
to
me
because
of
the
age,
the
information
that
we
were
receiving
the
age
of
the
individuals
purchasing
these
products.
At
this
specific
store,
like
I
mentioned
before,
one
must
be
19
years
or
older
to
purchase
these
products,
but
we
were
receiving
complaints
that
30
as
young
as
13
year
olds
were
purchasing
from
this
specific
retailer.
E
In
terms
of
our
program,
planet
rock
had
four
minor
test
shot
passes,
so
that
would
be
when
one
when
a
miner
gets
sent
in
they're,
actually
either
asked
for
identification
or
just
to
leave
the
store,
and
they
had
four
minor
test
shopping
fails
out
of
those
two
out
of
those
four
fails:
two
resulted
in
violation
tickets
for
sales
to
minor
to
the
sole
proprietor.
Mr
khaki.
C
E
Okay,
so
with
our
test
shopping
program,
what
we
do
is
we
have
over
700
tobacco
under
vapor
retailers,
so
we
break
those
down
into
districts.
We
could
be
checking
anywhere
from
20
to
approximately
30
facilities
that
sell
tobacco
and
vapor
products.
E
E
E
They
write
their
report
as
to
what
happened
during
the
transaction
and
then
at
that
time
the
officer
would
use
their
discretion
on
whether
to
enter
the
store
to
issue
any
sort
of
warnings
or
violation,
tickets
or
again,
with
using
discretion.
If
they
choose
not
to
a
later
date
would
be
attempted
to
be
set
with
mr
karim
to
issue
any
sort
of
violations.
C
C
That's
then
shared
with
the
vancouver
coastal
health
inspector
who's,
supervising
their
activities
correct,
and
that
includes
descriptions
of
the
the
individual
who
sold
them
the
product
correct
as
well
as
obviously
the
the
nature
of
the
product.
Yes,
now
in
those
four
cases
it
looks
like
you've
noted
dates
as
being
fails
in
your
in
your
synopsis.
C
We
have
a
failed
compliance
check
on
november
24th,
27
2017
noted
a
failed
compliance
check
march
27
2019
fail
is
noted,
compliance
check
june
19
2019
a
failed
compliance
check
is
noted,
and
I
think
I
missed
march
27th
at
2019
a
failed
compliance
check
is
noted
and
in
with
respect
to
two
of
those
incidents,
a
violation
ticket
was
was
issued.
Correct.
Can
you
tell
the
panel
what
that
violation
ticket
was
for
sure.
E
So
mr
khaki
is
a
sole
proprietor
for
the
business
plan
at
rocks,
which
makes
it
slightly
complicated.
At
times
those
tickets
need
to
be
issued
directly
to
that
sole
proprietor
versus,
say
a
corporation
where
a
ticket
could
be
issued
to
a
director
manager,
assistant
manager,
basically
a
person
in
charge.
At
that
time,
mr
khaki
would
in
my
dealings
with
mr
khaki,
he
was
rarely
at
the
store
making
it
difficult
to
issue
these
violation
tickets.
E
So
the
first
ticket
was
actually
issued
by
myself
directly
to
mr
khaki
came
to
our
office
at
601,
west
broadway
and
a
ticket
for
sales
to
minor
was
issued
to
him
at
that
time.
This
second
violation
ticket
mr
khaki
met
the
current
district
officer
officer
rathbun.
I
believe
in
puerto
quitlam,
where
mr
khaki
resides.
E
Correct
so,
like
I
mentioned
before,
through
the
ministry
of
health,
we
are
mandated
to
provide
a
routine
inspections
which
are
also
known
as
educational
sessions
to
all
our
tobacco
and
vapor
retailers.
E
Our
mandate
is
actually
only
one
of
these
routine
inspections
per
facility,
but
vancouver
coastal
health
has
doubled
that
so
throughout
the
year,
we
do
provide
them
with
a
specific
inspection
with
that
emphasis
on
educating
the
retailer
and
what
they
need
to
know
in
order
to
sell
these
products
in
british
columbia
again,
with
my
dealings
with
mr
khaki
rarely
at
the
store.
So
these
educational
sessions
are
more
effective
when
dealing
with
the
owner
or
a
deemed
manager
at
the
store,
but
there
was
no,
it
was
there.
E
Was
there
always
seemed
to
be
a
turnover
and
staff
there,
so
these
are
unscheduled
inspections,
so
the
officer
would
just
show
up
and
whoever
happens
to
be
at
that
store.
We
run
through
our
program
with
them.
We
live
in
our
business
card,
informational
pamphlets
and
that
would
ask
the
ownership
and
or
management
to
get
a
hold
of
us.
C
I'm
just
looking
at
the
very
last
inspection
report
that
was
completed
by
mr
james
rathburn.
This
is
the
the
last
inspection
report
under
tab
5
for
an
inspection
dated
october
4th
2019
first.
Can
I
just
ask
who
is
james
rathburn?
His
name
seems
to
be
on
majority
of
these
reports.
C
And
I'm
I'm
reading
from
his
closing
comments
here
in
terms
of
his
interactions
with
mr
khaki,
stemming
from
his
investigation
or
inspection
on
that
date.
There's
a
note
that
that
a
ticket
was
issued,
and
I
also
note
towards
the
bottom
of
that
inspection
report
that
mr
khaki
was
advised
that
any
further
violations
could
potentially
lead
to
a
business
license
review
with
the
city
of
vancouver.
C
C
Now,
there's
also
an
indication
at
the
bottom
of
your
summary
back
to
page
back
to
tab
four,
with
respect
to
an
april
29
2021
complaint
investigation
where
there
was
a
discussion
to
or
discuss
sales
to
minor
complaints
and
I'm
reading
from
your
notes,
because
you
produced
this
during
the
inspection,
the
tobacco
enforcement
officer
noticed
prohibited
e-juice
for
sale,
the
store
owner
al.
I
said
he
would
stop
selling
vapor
products
by
the
end
of
march.
Do
you
know
who
that
who
that
was
told
to
mr
khaki?
C
C
It
would
have
been
your
agency's
understanding
that
mr
khaki
was
no
longer
going
to
sell
vapor
products
out
of
planet
rock
and
that
would
hopefully
solve
the
problem.
E
Correct
one
thing
I'd
like
to
add:
in
november
of
2019
the
basically
the
requirements
to
sell
these
products
in
the
province
of
british
columbia
changed
what
what
needs
to
be
done
now
is
a
notice
of
intent,
so,
basically
informing
the
ministry
of
health
that
you
plan
on
selling
vapor
products
is
a
requirement
for
anyone
selling
vapor
products.
E
This
is
something
that
mr
khaki
has
not
done
for
the
store,
so
really
anything
that
officer
rathbun
saw
during
his
inspection
would
be
deemed
non-compliant.
So
things
have
changed
slightly.
So
that's
where
the
agreement
was
made
that
mr
khaki
said
he
would
no
longer
be
selling
these
products
anymore,
because
it
is
a
rigorous
pro
procedure
to
actually
submit
all
this
information
to
the
ministry
of
health.
Okay,.
C
Thank
you
for
that.
I
just
want
to
talk
about
mr
khaki's
representations
to
mr
raspbern
on
april
29th
2021,
saying
that
he
would
stop
selling
vapor
products
by
the
end
of
march.
I
understand
that
there
was
a
compliance
check
earlier.
This
fall
on
october,
1st
2021,
correct,
and
the
results
of
that
compliance
check
are
noted
at
the
back
of
the
evidence
package
under
tabs
nine
and
ten.
Do
you
have
a
copy
of
that
of
that
report?
I
do
with
you.
C
Can
you
tell
the
panel
what
happened
on
october
1st
2021
during
that
compliance
check.
E
Okay,
so
again,
this
is
I'm
speaking
for
officer
rathbun
mr
rothman
spoke
with.
I
don't
want
to
mention
their
name,
but
smoke
spoke
with
a
staff
member
at
planet
rock
and
basically
told
the
facility
currently
has
not
submitted
their
required
notice
of
intent.
That
is
needed
to
sell
vapor
products.
E
The
my
so
the
minor
type
there
was
a
failed
minor
test
drop,
so
the
miners
informed
mr
rathbun,
that
the
employee
had.
E
I
apologize
sorry
so
basically,
the
employee
went
to
the
back
room
to
pick
up
the
vapor
products
to
give
to
the
minor
test
shopper.
The
information
was
accurate,
as
I
could
see,
and
there's
no
vapor
products
when
james
went
back
into
the
store
so
no
display.
So
that's
typically
what
we
see
when
we
go
into
these
shops.
They
have
somewhat
of
a
power
wall
display
of
vapor
products,
other
products
that
are
available
to
be
purchased.
E
But
in
this
particular
case
the
employee
at
planet
rock
went
to
the
back
room
to
to
get
this
vapor
product.
C
C
As
of
that
that
april
date
there
had
been
two
violation:
tickets
issued
correct.
As
of
that
april
29
2021
date,
there
had
been
four
failed
compliance
checks
correct.
As
of
that
date,
there
had
been
warnings
given
to
mr
khaki
with
respect
to
the
ongoing
unlawful
sale
to
minor
of
vaping
products
correct,
and
yet,
following
april
29
2021,
there
was
a
fifth
failed
compliance
check
on
october
1st
2021
correct.
C
C
E
Like
I
mentioned
before,
our
main
priorities
as
restricting
access
for
youth
potentially
obtaining
these
hazardous,
but
if,
if
not
used
prop
properly
hazardous
products,
like
I
mentioned
before,
we
take
pride
in
education,
pretty
pandemic
we're
at
a
93
compliance
rate
with
all
our
tobacco
and
vapor
retailers.
E
So
again,
everything
that
we
do
is
work
with
progressive
enforcement,
because
we
want
to
work
together
with
our
retailers
to
achieve
that
common
goal
of
compliance,
but
with
this
particular
retailer,
just
in
my
years
of
experience
obtaining
information,
whether
it's
through
complaints,
you
know
through
word
of
mouth.
You
know
we,
these
kids,
that
we
employ
are
16
and
18
years
old,
and
you
know
just
listening
to
them.
E
So
for
me,
we
take
pride
in
making
sure
that
we
try
to
be
that.
You
know
roadblock
for
youth
accessing
these
products,
but
the
reality
is,
is
we
are
just
a
roadblock?
Kids
are
persistent
and
they're
gonna
get
what
they
want
and
try
as
many
times.
So
you
know
we
do
our
best
making
sure
to
increase
volumes
of
checks
based
on
complaints
or
failed
checks,
or
things
like
that.
E
But
again,
this
is
a
unique
retailer
that
has
interesting
hours
of
operation,
so
it
is
a
challenging
file
for
vancouver
coastal
health.
So
I
do
feel
that
you
know
we've
we've
done
our
best
and
tried
to
maintain
compliance,
but
due
to
the
volume
of
of
complaints
we're
seeing
we're
receiving
from
the
public,
it's
it's
almost
impossible
to
keep
on
top
of.
C
Maybe
I'll
just
ask
you
to
elaborate
a
little
bit
on
the
types
of
resources
that
you
that
your
agencies
had
to
expend
with
respect
to
over
the
years
trying
to
get
compliance.
E
C
Yeah,
no,
I'm
I'm
asking
you
to
give
the
panel
a
sense
of
the
amount
of
resources
that
your
agencies
had
to
invest
in
in
enforcement
and
and
trying
to
get
compliance
with
respect
to
this
particular
retailer
or
licensee.
E
Like
I
just
mentioned
before
too
so
what
we
would
do
is
if,
if
there
was
an
increase
in
sales
or
complaints,
we
would
you
know
we
would
focus,
we
would
extra
time
would
be
given
to
deal
with
a
specific
facility,
whether
it's
following
up
with
the
complainant,
providing
you
know
initial
inspection
due
to
the
complaint
with
follow-up.
E
What
we
do
is
we
actually
created
an
educational
pamphlet
so
to
go
online
and
to
look
at
legislation.
You
know
how
old
is
how
old
do
you
have
to
be
to
purchase
these
products?
C
C
Do
you
have
any
faith
moving
forward,
this
particular
business
being
operated
as
it
is,
is
going
to
be
able
to
cease
selling
these
types
of
goods
to
to
minors.
Unfortunately,.
E
I
do
not,
I
do
not
have
any
faith
I
mean
I
like
I
said
I
have
six
16
years
working
at
vancouver
coastal
health
of
those
16
years.
I've
I've
had
the
ability
to
work
in
all
our
districts,
so
I
can't
speak
to
the
you
know:
full
16
years
of
my
career
with
vancouver
coastal
health,
but
my
direct
dealings
and
my
dealings
with
this
specific
file
as
the
program
supervisor.
E
Just
my
concern
with
the
volume
of
complaints
asides
from
what
vancouver
coastal
health
conducts
in
terms
of
inspections
throughout
the
years
that
to
me
alone,
having
you
know,
nine
complaints
in
a
you
know
three
and
a
half
four
year
time
frame
is
is
alarming
and
you
know
the
the
age
that
that
I'm
hearing
you
know
when
I
hear
13
year
olds
purchasing
these
products.
It's
it's
a
huge
huge
concern
to
me
and
I
mean
there's
nothing.
That's
been
done
on.
You
know:
planet
rock,
slash,
mr
khaki's
side
to
show
improvements.
E
You
know
again
we're
always
willing
to
work
with
our
retailers.
So
sometimes
you
know
it
does
take.
It
just
takes
the
operator
to
pick
up
a
phone
and
to
to
call
us-
and
you
know,
ask
for
extra
resources-
ask
ask
us
for
an
extra
inspection,
but
those
things
have
never
been
done.
So
no,
I
do
not
have
any
any
faith
in
that.
C
Thank
you.
Those
are
the
city's
questions
for
the
witness.
Mr
chorus
counsel
for
mr
khaki
now
has
an
opportunity
to
to
ask
you
questions.
I'd.
Ask
you
to
cooperate
with
that
thing.
Okay,.
D
Just
a
few
questions,
mr
kirk:
how
are
your
complaints
received?
Are
they
by
phone
or
email
so.
E
D
And
who
documents
these
complaints.
E
The
documentation
would
be
done
by
the
district
inspector,
so
if
a
follow-up
is
is
done,
post
a
complaint,
for
example,
say
james
rathbun
is
the
current
district
officer.
So
if,
if
james
were
to
receive
a
complaint,
he
would
make
efforts
into
contacting
mr
khaki
or
a
manager
at
the
store
to
discuss
the
complaint
that
they
received
and
at
that
time,
that
would
prompt
them
to
provide
them
with
a
educational
session.
D
E
On
the
particulars,
a
lot
of
our
complainants
prefer
to
remain
anonymous,
and
it's
more
just
information
exchange.
E
D
E
D
Do
you
ever
follow
up
or
your
department
follow
up
whether
or
not
the
complainants
are
indeed
making
accurate
statements
in
terms
of
who
they
are
identification,
wise.
E
We
don't
necessarily
do
that.
I
mean,
I
feel
that
you
know
we
have
to
take
in
the
information,
regardless
whether
you
know,
even
if
we
thought
that
it
could
be
a
you
know,
a
made-up
story
so
to
speak.
The
reality
is
we
have
to
take
in
the
facts
that
the
complainant
is
providing
for
us
and
that's
just
what
we
do.
E
My
concern
is
the
the
pattern
that's
being
shown
with
the
complaints.
That's
why
to
me.
I
feel
that
you
know
there.
There
is
truth
behind
it
due
not
only
to
the
work
that
vancouver
coastal
health
does,
but
the
pattern
that
the
complaints
are
showing
that
it
is
always
sales
to
minor
at
an
extremely
young
age.
E
D
And
to
confirm,
based
on
your
chronology,
that
you
provided
in
2017,
there
was
only
one
compliance
fail.
F
E
D
E
Just
to
add,
our
program
uses
progressive
enforcement,
so
if
an
initial
sale
occurs,
of
course
discretion
comes
into
play,
but
because
we
put
an
emphasis
on
education,
we
do
like
to
give
them
that
first
opportunity
to
you
know
we
give
them
a
warning,
a
verbal
or
written
warning,
but
then
they
do
remain
on
an
enforcement
list
which
would
you
know,
result
in
the
issuance
of
a
ticket
if
another
sale
occurs.
So
that's
why
that
only
two
of
the
four
were
tickets
issued.
D
E
Pandav,
so
we
actually,
our
our
department,
was
redeployed
to
help
with
we
were
redeployed
to
help
with
case
and
contact
tracing
so
for
the
we
just
got
back
to
the
field
two
months
ago
or
not
even
two
months
ago.
So
our
program
basically
was
frozen.
We
did
not
conduct
any
minor
test
drops
during
the
pandemic
for,
for
obvious
reasons,.
D
E
So
so
the
only
check
that
I'm
aware
of
is
the
one
that
was
at
the
end
of
the
timeline
which
is
the
so
those
are
the
inspections
conducted
by
officer
james
rathbun
on
october
1st.
So
the
how
that
came
about
was
because
the
agreement
was
made
that
mr
khaki
would
no
longer
be
selling
tobacco
and
vapor
products
due
to
the
fact
that
technically,
he
legally
is
not
allowed
to
sell
these
products
in
his
in
his
store
and
notice
of
intent
was
not
submitted
to
the
ministry
of
health.
E
The
officer
was
told
that
these
products
will
not
no
longer
be
sold.
Officer.
Rathbun
was
out
doing
one
of
his
com
rounds
of
compliance
checks
so
happened
to
be
checking
the
granville
area
so
just
to
confirm
mr
khaki
was
no
longer
selling
these
products
and
james
had
sent
his
minor
test
shopper
in,
and
the
monitor
was
successful
in
purchasing
vapor
products.
At
that
time,.
D
And
you
provide
more
thorough
logs
of
each
of
these
chronology
events
in
your
chronology.
Do
you
have
the
april
29th
2021
I've
gone
through
the
materials?
I
don't
think
I
see
that
specific.
D
Because
we
we
have
been
discussing
that
in
in
depth,
but
there
seems
to
be
no
record
of
that
visit
the
april
29
2021.
D
Thank
you,
so
I
do
have
questions
related
to
that
april.
29
2021
occurrence.
So
if
we
can
locate
a
copy
at
some
point
and
then
I
could
ask
you
questions
regarding
that
afterwards,
if
that's
agreeable
with
everyone.
A
Okay
panel,
we
will
take
a
five
minute
recess
to
allow
council
to
secure
that
information.
So
we'll
come
back
at
10,
let's
make
it
10
24..
Okay,
thanks!
Thank
you.
C
Momentarily,
maybe
what
we
can
do
subject
to
any
further
questions
from
from
council
is
stand
down.
Mr
kuris,
I
give
him
an
opportunity
to
collect
those
documents
and,
in
the
meantime,
we
can
continue
on
with
the
evidence
of
the
of
the
vancouver
police
officer
officer
and
then
at
the
end
of
that
recall,
mr
kuris,
to
deal
with
the
inspection
report.
A
C
All
right,
the
the
next
witness
for
the
city
is
detective
constable,
timothy,
rich
gospel,
rich,
you
could
take
understand.
Thank
you.
C
C
F
What's
your
current
assignment
with
the
vp,
so
I'm
currently
in
charge
of
our
negotiator
team,
but
at
the
time
of
this
project
I
was
a
detective
in
our
youth
services
unit,
so
in
charge
of
managing
more
complex
investigations
involving
youth.
C
And
now
now,
and
in
and
around
the
time
you
referred
to,
I
think
we're
talking
about
2020.
C
Yeah-
and
it
was
in
2020
that
you
were
part
of
that
youth
called
it
youth
services
unit.
That's
right.
F
F
That
that
seemed
to
keep
changing,
but
we,
you
know
as
a
broad
statement,
we
would
deal
with
investigations
involving
youth.
Sometimes
that
meant
youth
suspects.
Sometimes
that
meant
youth
victims
just
depended
on
our
capacity
at
the
moment
and
and
what
needed
to
be
tackled
so
yeah
and
this
clearly.
In
this
moment
it
was
an
investigation
where
youth
were
accessing
narcotics,
but
that
wasn't
our
the
only
thing
we
did.
It
was
just
what
we
landed
on
here.
C
And
I
understand
that
in
2020
you
assumed
conduct
of
a
project
that
investigated
the
business
activities
of
the
the
subject
premises
for
planet
rock
at
1051,
granville
street.
F
Yeah,
that's
correct.
It
had
been
looked
at
a
little
bit
starting
in
2019,
but
just
operational
capacity.
We
weren't
able
to
launch
a
meaningful
investigation
to
it
at
that
time.
So
in
a
little
later
in
2020
mid-2020,
I
some
new
complaints
came
in
and
my
sergeant
requested
that
I
take
over
the
investigation.
C
Before
the
panel
at
tab,
six
of
the
evidence
materials,
we
have
a
report
from
you
dated
march
10th
2021.
Do
you
have
a
copy
of
that
report
with
you?
I
do
yes,
it
details
some
background
in
terms
of
your
your
beginnings
of
the
investigation.
What
what
you
were
concerned
about?
Can
you
just
explain
to
the
panel
how
it
is
you
became
involved
in
what
information
you
learned
that
prompted
you
to
to
undertake
an
undercover
investigation
into
the
premises.
F
Absolutely
yeah:
it's
certainly
slightly
unusual
to
undertake
an
undercover
investigation
into
just
a
store
selling
marijuana.
However,
and
looking
at
the
history
related
to
planet
rock
starting
back
in
2017,
we
have.
F
Of
varying
credibility,
varying,
I
shouldn't
say
credibility,
but
I
should
say
of
varying
weight.
Some
are
like
the
2017
file
ones,
where
we
simply
had
five
youth
gathered
at
front
of
the
store,
and
someone
made
a
complaint
about
that
so
limited
value
there.
Certainly
in
2018,
though,
we
see
a
lot
of
parents
calling
in
to
complain
about
their
kids,
purchasing,
marijuana
and
vape
products
at
planet
rock.
F
We
have.
We
have
several
several
files
of
that
nature.
We
also
have
four
I've
listed
them
here
as
cad
calls,
and
that
just
means
computer,
automated
dispatch
files
of
youth
purchasing,
vape
products
at
planet
rock
and
and
what
this
we
these
would
be.
F
This
basically
be
someone
calling
in
saying-
oh,
hey,
my
so
and
so
did
this,
but
because
my
guess
would
be
that,
because
these
are
just
vape
complaints,
we
didn't
have
resources
at
the
time
to
manage
them
so
they're
they
they
exist
only
as
cad
calls,
not
as
an
instance
where
an
officer
actually
went
and
investigated.
C
F
C
Yeah
and
the
the
nature
of
those
just
without
getting
into
any
of
them,
the
specifics
related
to
to
youth
activities,
the
sale
of
of
cannabis,
product
vaping
products
to
youths
out
of
planet
rock.
During
that
time,
that's
correct.
With
complaints
being
made.
I
see
a
father,
a
youth
risk,
a
risk
youth
worker,
a
13
year
old,
boy's
mother.
Those
are
the
nature
of
the
complaints
that
that
you
receive.
F
Yeah
and
that's
right
and
the
what
really
caught
and
put
us
onto
planet
rock
was
a
a
social
worker
at
david
thompson,
secondary
complaining
that,
basically,
all
of
our
kids
were
going
to
planet
rock
to
purchase
these
products.
Vape
products
marijuana
products,
so
it
was
her
information
that
it
was
there
was
that
it
was
well
known
amongst
youth
that
this
was
the
place
to
go.
C
So
when
you
took
over
the
project,
was
it
in
early
2020.
F
Yeah
absolutely
it
struck
me
that
this
wasn't
a
simple
fix,
as
mr
kuris
pointed
out
earlier.
F
C
You
so
you
were
aware
of
vancouver
coastal
health's
efforts
in
and
around
this
time,
with
respect
to
the
compliance
checks
and
and
ticketing
activities,
and
that
sort
of
thing.
F
Yeah-
and
I
I
I
won't
pretend
that
I
can
recall
exactly
when
I
knew
every
single
detail,
but
I
do
know
that,
as
we
were
drafting
or
as
I
was
drafting
the
our
operational
plan
for
this
project,
we
were
in
contact
with
coastal
health,
so
that
would
have
been
late
2020
and
early
2021.
C
And
this
operational
plan
was
a
proposal
with
respect
to
to
the
investigation
activities.
F
That's
correct
yeah,
this
obviously
as
we'll
get
into
shortly
here.
This
required
a
fair
amount
of
resourcing,
and
you
know
some
risk
management
on
our
part.
So
I
had
to
create
an
operational
plan
that
had
proposals
detailing
a
budget.
You
know
how
many
officers
would
be
using
the
timeline,
all
those
sorts
of
details,
but
that
included
things
like
our
prime
and
cad
background.
F
The
city's
involvement
involvement
with
it
thus
far
in
compliance
checks
and
as
we're
gonna,
do
shortly
also
doing
some
surveillance
work
of
my
own
just
to
determine
the
volume
of
youths
attending
planet
rock,
okay,.
C
And
now
this
this
project
was
was
approved
by
your
superiors
right
and
dubbed
project
mercury.
That's
right!
Yes!
Okay!
So
when
you
talk
about
resourcing
what
what
type
of
resourcing
was
necessary
to
undertake
project
mercury.
F
This
stage,
this
initial
stage
required
minimal
upfront.
You
know
I
just
myself
sitting
in
the
back
of
a
vehicle
watching,
for
you
know
several
hours
at
a
time
just
to
observe
activity,
but
once
we
once
I
saw
a
pattern
that
emerging
of
youth
attending
planet
rock
that
supported
the
the
prime
and
cat
history.
F
What
I
decided
was
that
we
would
need
to
use
undercover
operators
and
engage
our
bc
municipal
undercover
program
to
to
properly
investigate
planet
rock,
so
that
involved
working
with
a
team
of
five
or
six
folks
in
the
the
bc
undercover
program
that
involved
multiple.
You
know:
levels
of
approval
and
involvement
and
within
the
vpd
as
well,
so.
C
And
those
surveillance
activities
culminated
in
the
execution
of
a
search
warrant
at
some
point.
C
C
That's
correct,
okay!
So
we'll
get
to
that!
Why
don't
you
tell
the
panel,
then
how
you
started
off
with
project
mercury?
What
were
the
initial
stages
of
the
investigation.
F
As
I'm
sure
we
can
all
appreciate,
you
know
rumors
innuendo,
all
the
things
that
sort
of
exist
in
the
ether,
those
are
fine
and
good,
but
we
actually
need
to
see
something
to
throw
in
eyes,
sometimes
to
see
that
it's
really
there.
So
in
this
instance,
you
know
I
was
looking
at
years
of
activity
and
history
of
planet
rock,
but
there
was
a
notable
break
in
in
2020
and
I
certainly
couldn't
attribute
that
to
a
pandemic
or
to
anything
else.
F
F
I
observed
so
myself
over
a
period
of
I'm
just
shy
of
just
I
have
three
hours
I
observed
what
I
would
approximate
to
be.
You
know
eleven
youths
attending
planet
rock,
so
they
again,
this
is
observations
made
from
across
the
street.
I
didn't
stop
any
of
these
youth.
I
didn't.
I
didn't
confirm
their
identification.
I
didn't
confirm
their
age.
However,
you
know
I
worked
in
the
youth
unit.
F
I
had
been
there
for
several
years:
I'd
been
inside
high
schools
over
and
over
and
over
again
working
in
and
around
youth
I'd
say
my
ability
to
differentiate.
You
know
a
15
year
old
from
a
20
year
old
was
was
fairly
dialed
in,
but
I
will
acknowledge
fallibility
on
my
part
in
that
in
that
in
that
realm,
however,
I
I
still
will
assert
that
I
I
believe
there
were
11
youths
attending
in
that
on
january,
8th
and
january
9th
in
that
cumulative
three-hour
period
in
and
amongst
other
customers
as
well.
F
I
also
had
another
officer
in
general
on
december
5th
and
12th
2020
conduct.
I
believe
he
conducted
just
just
over
two
hours
of
observations
as
well,
and
he
observed
what
he
accounted
to
be:
five
youth
entering
planet
rock.
C
The
purpose
of
these
initial,
this
initial
surveillance
on
your
part,
essentially
was
to
establish
that
the
the
business
was
being
frequented
by
by
youth.
Do
you
believe
to
be
under
the
age
of.
C
F
Yeah,
that's
right.
There
are
complexities
around
using
using
youths
as
as
sources
and
using
them
as
agents.
Anything
like
that.
So
we
were
very
limited
in
our
some
of
our
operational
abilities.
We,
you
know,
we
don't
have
access
to
youth
ourself.
We
can't
go
out
and
ask
a
youth
as
a
police
officer,
I
can't
go
and
ask
a
youth
to
go
and
purchase
marijuana
anything
else,
so
the
closest
we
could
get.
I
I
went
out
and
I
obtained
three
three
school
uniforms
from
a
local
private
school.
F
I
requested
the
three
youngest
looking
ucs
that
we
could
get
from
our
undercover
program
and
we
also
obtained
with
the
assistance
of
the
private
school
obtained
student
id
for
those
three
students
parent
students.
F
F
Look
as
to
why
there
was
such
a
young
person
again
to
my
account
such
a
young
person
wandering
through
our
facility,
I
would
say
the
the
the
costumes
for
lack
of
a
better
effect
were
effective
or
better
term
more
effective.
So
we
had
three
young
looking
undercover
operators
with
uniforms
id
and
also
with
sort
of
an
array
of
youthful
apparel,
and
we
decided.
F
F
I
mean
it
was
truthfully,
it
wasn't
a
set
number
of
buys
we
sort
of
or
operations.
I
should
say
we
had
roughly
10
as
a
maximum
outline
for
what
we
would
engage
in
and
purpose
of
that
being
we
didn't
know
if
we
would
just
get
marijuana,
we
didn't
know
if
we
would
just
get
vape
products.
We
didn't
know
if
it
would
take
multiple
attempts
to
go
in
and
create
some
familiarity
if
they
would
just
sell
to
us
right
away
or
what
we
would
find
when
we
started
engaging
in
undercover
operations
at
planet
rock.
F
We
also
had
heard
rumors,
and
these
were
unsubstantiated,
which
I'm
happy
to
say
that
there
might
be
selling
other
weapons
or
other
things
I
plan
to
rock
beyond.
You
know
just
the
knives
and
bear
spray
that
we
found.
So
thankfully,
some
of
those
rumors
that
we
heard
we
investigated
and
they
were
unsubstantiated.
So
that's
that's
great.
I'm
happy
to
see
that
mr
khaki
wasn't
engaging
in
any
of
that
activity.
However,
we
did
discover
a
lot
of
other
concerning
activity
at
the
store.
C
You've
noted
11
such
incidents
of
undercover
inspection
or
investigation
at
the
premises
starting
in
december
2020.
This
is
just
under
the
the
heading
undercover
operations
at
the
third
page
or
fourth
page
of
your
of
your
report.
C
First,
just
with
respect
to
the
undercover
operators
it
it,
it
sounds
like
the
objective
here
is,
although
you
didn't
have
anybody
who
was
underage
was
to
costume
them
in
a
way
that
would
at
least
twig
a
a
a
a
store,
a
clerk
or
an
owner
of
a
business
to
to
identify
them
to
ensure
that
they
were
of
age.
When,
when
purchasing
age-restricted
products.
F
Very
well
put
yeah,
that's
exactly
it
because
we
didn't
have
access
to
actual
use.
We
had
to
create
the
appearance
of
of
youths,
and
it
was
exactly
that
to
trigger
the
action
of
checking
id
to
seeing
if
they
would
actually
acknowledge
that
we
were
bringing
in
very
young
looking
people
in
school
uniforms
who,
by
all
accounts,
should
have
been
considered
youths.
C
F
So
in
december
18th
2020,
we
had
three
undercover
operators
enter
planet
rock
in
school
uniforms.
I
won't
go
into
names
here,
but
I'll,
just
state
that
we
we
didn't
encounter.
Mr
khaki,
we
counted
another
another
employee
who
we
did
encounter
a
number
of
times
at
the
store.
At
this
point,
the
the
operational
goal
was
simply
to
go
in,
assess
the
store,
see
who
was
working
potentially
create
some
familiarity
with
store
staff
and
and
use
it
as
a
way
to
set
up
future
visits
and
purchases
from
the
store.
F
So
in
this
instance,
the
ucs
looked
around
had
the
shop,
the
store
worker
show
some
products
around
again
kind
of
great
familiarity,
and
at
this
point
all
they
purchased
was
a
marijuana
grinder
and
then
they
purchased
that
and
exited
the
store
and
then
turned
that
over
to
me,
which
is
what
they
did
with.
F
So
on
this
on
december
29th,
we
sent
in
three
operators
again
and
regular
youth
attire,
and
they
spoke
to
the
the
same
employee
as
on
december
18th,
and
they
that
employee
did
appear
again.
This
is
subjective,
I
recognized,
but
they
did
appear
to
recognize
the
undercover
operators
and
at
that
point
sold
a
bong
rolling
papers
and
tobacco.
F
Idea
was
requested,
that's
correct
and
that's
that's.
Consistent
throughout
every
single
interaction,
no
idea
was
ever
requested.
No
age
was
ever
discussed
aside
from
the
ucs.
Actually,
a
couple
of
points
dropping
little
hints
like.
Oh
the
test
was
so
hard
or
things
like
that,
just
to
see
if
we
could
again
trigger
an
action
on
on
the
part
of
the
store,
so
on
january,
4th
2021
three
ucos
the
same
ucos.
F
The
entry
planet
rock
in
school
uniforms
this
time
and
spoke
to
the
same
employee
as
the
previous
two
dates,
and
this
time
the
employees
sold
the
vape
pen
and
two
packages
of
the
employee
acknowledged
illegal
50
milligram
cartridges
for
the
ebay
pens
and
again
did
not
ask
for
id,
and
at
this
point
the
ucos
advised
me
that
they
had
actually
observed
signage
for
crop.
King
seeds,
marijuana
posted
inside
the
store,
so
several
posters
kind
of
dotted
dotted
throughout
and
I
can
just
keep
rattling
through
if
you'd
like.
If
that's.
C
Good,
it
looks
like
in
the
next
attendance
by
the
ucos
that
they
they
were
successful
in
the
purchase
of
marijuana
cannabis
products.
F
Correct
yeah,
so
we
sent
them
back
on
january,
9th
same
three
u-c-o's
in
again:
regular
youth,
attire,
so
not
school
uniforms
and
they
spoke
to
the
same
employees,
the
previous
three
dates
and
that
employee
sold
seven
grams
of
blood
marijuana,
three
edible
gummies,
a
pot
brownie
and
more
of
the
illegal
50
milligrams,
vape
cartridge
packs,
as
well
as
two
glass
pipes.
F
No
idea
asked
for
and
the
employee
again
did
appear
to
recognize
the
undercover
operators.
The
note
at
this
point
the
undercover
operators
advised
me
that
there
were
numerous
knives
on
display.
As
mentioned.
You
know
we
had
some
concern
that
they
might
be
illegal
just
to
jump
ahead.
C
Want
to
levy
anything
the
sale
of
the
cannabis
products
as
of
january
9,
2021
and
at
all
material
times,
or
no
provincial
authorizations
or
city
authorizations
in
place
that
would
allow
for
the
sale
of
cannabis
products
out
of
the
business.
Is
that
right?
That's.
F
Correct
yeah
part
of
the
operations
plan
was
to
confirm
that
they
were
not
licensed
through
the
city,
the
government,
anyone
to
sell
cannabis
products
and
no
such
authorizations.
C
Not
only
were
they
selling
to
to
persons
being
held
out
as
minors
without
requesting
identification,
they
simply
weren't
authorized
to
sell
those
products
in
the
first
place.
That's
correct!
Okay!
Moving
on
to
to
the
to
the
next
point,
then
january
13th
pick
it
up
from
there.
Please.
F
On
january
13th,
the
three
ceos
again
same
same
ucos
entered
planet
rock
this
time
in
school
uniforms
and
encountered
a
new
worker,
someone
that
they
hadn't
seen
before
that
worker
advised
that
morgan
was
bringing
in
his
own
product
to
sell
inside
just
the
store,
and
so
that
that
employee,
who
we
never
identified,
did
not
sell
anything
to
youths
and
said
that
yeah
that
there
was
no
product
to
be
sold.
It
was
around
this
time
that
we.
F
This
isn't
to
do
with
uc
specifically,
but
just
this
is
in
following
with
the
timeline.
We
we're
looking
at
a
google
review
and
we
observed
that
there
was
a
poster
for
for
or
just
a
little
made
up,
eight
by
eleven
sign,
just
saying:
salvia
for
sale,
essentially
and
salvia
being
a
schedule
for
cdsa
drug,
so
controlled
drug
and
substances
act
narcotic,
essentially.
C
F
If
I,
I
can't
pretend
to
know
the
exact
origins,
but
I
know
it's
sort
of
in
line
with
mushrooms
and
some
other
kind
of
you
know
certainly
less
potent
drugs
which
is
scheduled
for
so
it's
you
know
it's
much
lower
tier.
F
C
C
Yeah,
so
let's
just
carry
on
until
we
get
to
that.
So
I
see
on
january
14th
the
uco's
entered
for
the
purpose
of
determining
mr
khaki's
schedule
told
he
normally
works
tuesdays.
F
Yeah
and
this
this
was
just
one
uco
one
entered
in
for
a
quick,
no
intention
to
buy
at
this
point,
we'd
only
seen
a
separate
employee
and
one
unknown
employee,
and
we
were
interested
to
see
if
we
could
actually
find
mr
khaki
working
at
the
store.
So
the
uc
entered
simply
to
ask
about
his
schedule
and
made
up
some
ruse
to
do
so.
C
F
That's
correct
yeah.
So
on
january
18th
the
three
ucos
who've
been
undercover
operators,
who've
been
going
for
attending
for
every
other
operation.
They
entered
in
youth
attire,
so
not
not
school
uniform
and
at
this
point
they
encountered
mr
khaki,
who
sold
two
packages
of
marijuana
cookies
label
that
40
milligrams
each
and
a
seven
gram,
prepackaged
baggy
marijuana,
a
stealth,
vape
pen
and
two
illegal
packages
of
50
milligram
cartridges
for
the
vape
pen.
C
On
this
occasion,
they
established
the
fact
that
it
was
mr
khaki
who
was
the
person
selling
the
items
from
the
store.
F
That's
right,
yeah
I
had
previously
shown
you
sees
a
picture
of
mr
cocky
and
and
subsequently
followed
up
with
them
to
make
sure
that
they
could
confirm
his
identification
from
the
picture
and
from
observing
him
in
the
store.
Thank
you.
F
F
Yeah
so
on
january
19th
we
had
one
of
the
the
youngest
looking
they
were
all
young
looking,
but
the
by
far
the
youngest
looking
uco
entered
planet
rock
in
a
school
uniform.
She
encountered
khaki,
who
sold
that
undercover
operator
to
edible
marijuana,
gummies
and
eighty
dollars
worth
of
salvia.
So
as
noted,
the
sign
had
been
been
taken
down,
but
we
noted
that
it
wasn't
sign.
Was
there
until
fairly
recently
so
we'd,
we
said.
Well,
let's
see
what
else
they
have.
F
Let's,
let's,
let's,
let's
ask
about
other
products
the
when
mr
khaki
retrieved
the
salvia
for
the
undercover
operator.
Not
only
did
he
not
ask
for
id,
he
provided
instructions
as
to
how
she
should
use
it
safely
said
words
to
the
effect
of
make
sure
you're
with
a
friend
make
sure
you're
sitting
down,
because
when
you
take
it,
you're
gonna
go
whoa.
F
F
We
had
one
uco,
and
this
was
an
adult
appearing
uco
separate
from
the
other
three.
We
were
just
curious
at
this
point.
Who
are
they
selling
to
you
know?
Who
else
will
we
encounter
anything
else
if
we
just
send
in
an
adult
and
just
try
and
buy
some
marijuana?
What
else
are
we
going
to
encounter
here
and
they
sold
they?
The
undercover
operator
encountered
the
other
employee
who
is
charged.
F
I
should
mention,
but
I
just
won't
name
for
the
purposes
of
this,
this
hearing,
but
the
other
employee
that
we
encountered
multiple
times,
that
employee
sold
the
undercover
operator,
bong
and
5.28
grams
of
blood
marijuana.
F
Yeah,
that's
correct.
We
we
had
this
point
to
our
minds,
shown
that
you
know
the
sale
of
marijuana.
Vape
products.
Tobacco
products
was
readily
available
to
anyone
who
wanted
it.
But
at
this
point
we
hadn't
actually
confirmed
that
the
products
were
being
sold
to
actual
youths.
F
You
know
in
our
minds
important
for
this
hearing,
but
also
very
important
for
our
criminal
case
against
mr
khaki
and
the
unnamed
employee.
So
the
the
undercover
operator
observed
a
17
year
old,
purchased
a
pre-rolled
marijuana
joint
from
the
from
the
previously
unnamed
employee.
We
did
not
pursue
sorry.
We
did
follow
the
customer
outside
of
the
store
where
we
stopped
him
arrested.
Him
temporarily
seized
marijuana
and
then
released
him
without
charges,
but
it
did
confirm
his
age
did
confirm
that
he
had
purchased
the
marijuana
from
inside
the
store.
C
And
then
finally
february
22nd,
there
was
again
a
sale
to
the
youth
presenting
undercover
officers
of
five
pre-roll
joints,
vape
packages
and
a
vape
battery.
Without
the
request
for
identification.
F
Correct
and
just
to
add,
on
february
20th
before
part
of
the
the
way
that
that
operation
worked
was,
I
was
again
set
up
in
the
block
observing
planet
rock
waiting
for
young
appearing
customers
to
go
in
to
see
if
they
would
sell
to
them.
F
And
during
that
approximate
hour
of
observations,
I
observed
13
customers,
who
appeared
to
be
who
appeared
to
be
youths
other
than
the
the
one
17
year
old,
whose
age
we
did
confirm
and
then
on
february
22nd
to
use
undercover
operators
into
planet
rock
back
in
regular
youth
attire
and
encountered
the
previously
unnamed
employee
who
sold
them.
Five
pre-roll
joints,
two
illegal
50
milligram
vape
packages
and
a
vape
battery.
Again.
F
None
of
these
interactions
was
id
ever
asked
for,
and
that
includes
with
the
the
17
year
old
who
we
observed,
purchase
marijuana
from
from
the
store.
C
You
you
then
conducted
an
analysis
of
the
product
that
or
I
think
most
of
the
product
that
you
were
able
to
purchase
from
the
store
and
confirmed
that
they
were
all
listed
substances
that
they
were
being
held
out
to
us
exactly
everything.
Everything.
C
Okay
and
based
on
that,
you
were
able
to
secure
a
search
warrant
with
the
belief
that
it
would
afford
you
with
further
evidence
in
the
investigation
of
cannabis
act,
interactions.
F
Absolutely
a
cannabis
act
and
and
controlled
drug
and
substances
act,
given
the
the
sale
of
of
salvia-
and
you
know,
part
of
the
evidence
we
were
looking
to
obtain
was
you
know
we
had
information
from
that
one
unknown
employee
who
is
stating
that
you
know
people
just
bring
their
own
stuff
in
and
we
wanted
to
part
of
what
was
so
necessary
about.
The
search
warrant
was
to
determine
okay.
Well,
is:
are
these
goods
actually
being
stored
inside
the
store
or
are
they
being
brought
in
and
out,
as
has
been
suggested?
F
So
we
set
up
our
search
warrant
on
on
february,
24th,
2021
and
just
to
I
know
it's
a
question
you
asked
mr
chorus
previously,
but
just
to
address
it
here
in
terms
of
resourcing
this.
This
was
a
heavy
operational
day.
Probably
this
involved
the
full
surveillance
team.
This
involved
ident,
probably
10,
to
15
detectives.
F
Yeah
multiple
multiple
man
hours,
you
know
so
easily
30
officers
involved
over
the
course
of
this
this
day
and
subsequently
dealing
with
the
property.
So
a
very
involved
process
on
our
part
for
sure
part
of
that
is
that
we
needed
or
determined
that
we'd
be
arresting
mr
khaki
and
the
other
unnamed
charged
employee.
On
this
day.
The
search
warrant.
C
Yielded
a
number
of
items
that
turned
out
to
be
cannabis,
products
and
other
control
substances.
F
Correct
yeah,
so
we
observed
numerous
vape
products
inside
the
store,
not
within
our
power
disease,
but
they
were
observed
there.
We
observed
numerous
items
of
drug
paraphernalia
marketed
to
word
young
persons,
at
least
in
our
opinion,
several
posters,
advertising
cannabis
and
cannabis
seeds,
which
is
a
contravention
under
the
new
cannabis
act.
52
packages
of
cannabis,
seeds,
vials
of
suspected
cannabis
seeds,
five
of
those
ten
canisters
of
spray,
not
in
themselves
illegal.
But
there
had
been
a
previous.
F
There
was
a
file
where
youths
were
buying,
bear
spray
from
planet
rock
and
using
it
shortly
after
purchasing
it
from
the
store.
So
that
was
largely
a
safety
seizure.
In
our
part,
some
blood
marijuana
marijuana
under
10
grams,
several
joints,
six
more
of
the
marijuana
cookies
and
10
and,
oh
sorry,
six
marijuana,
brownies
and
tamara
one
of
cookies.
Notable
with
those
is
that
the
packaging
with
those
brownies
and
cookies
was
identical
to
the
packaging
that
we
purchased
on
previous
dates.
It
was
all
the
same.
F
F
The
the
product
we
found
on
the
search
warrant
day
was
the
same
product
that
we
found
on
those
other
days
or
been
sold
on
those
other
days,
11,
edible,
gummies,
47,
red
and
blue
pills
containing
suspected
thc
oil,
one
magic,
mushroom
five
packages
of
shatter,
just
a
concentrated
cannabis
product,
30
pills
of
containing
suspected
marijuana
and
thousands
and
thousands
rack
fulls
of
dime
bags
for
packaging.
Various
drugs
can.
F
Yeah
again,
I
won't,
I
think
the
origin
comes
from
it
being
a
you
know:
ten
dollar
bag
of
drugs,
or
something
like
that-
I
you
know
often
used
for
for
some
harder
drugs,
but
also
you
know,
can
be
used
for
for
cannabis
in
smaller
quantities
and
things
like
that.
So
just
a
a
way
of
packaging
and
selling
smaller
quantities
of
drugs.
C
F
C
And
as
part
of
the
the
investigation
matters
been
referred
to
federal
crown,
that's
correct
a
request
to
lay
charges
under
the
cannabis
act.
F
Correct
yeah,
notably
the
cannabis
act,
as
we
know
it
now
is,
is
very,
very
new
and
very
untested.
So
you
know
I'll
just
I
will
acknowledge
here
that
we
think
we
laid
something
like
90
charges
between
the
two
suspects.
F
We
acknowledge
I'll
acknowledge
right
now
that
that's
a
very
large
number
and
that's
being
whittled
down
actively
as
we
speak.
We
just
simply
didn't
know
what
would
stick
and
what
was
relevant
to
our
to
our
case,
because
it's
such
new
untested
loss.
So
the
number
you
know
I
will
have
to
acknowledge.
The
number
is
much
lower
than
is
presented
in
this
report,
but
I
think
notably,
what
we'll
be
moving
forward
with
would
be
you
know,
selling
under
the
cannabis
act
and
probably
trafficking
under
the
controlled
drug
and
substances
act
for
the
salvia.
C
And
have
you
had
any
further
dealings
with
the
with
the
business
since
that
time.
F
Myself,
no
and
I
believe
all
further
dealings
have
been
with
through
mr
curtis
and
and
his
his
folks.
C
I
understand
you
attended
to
an
interview
collectively
with
mr
curse
and
chief
licensed
inspector
at
some
point.
Is
that
right.
F
F
Not
all
of
them
so-
and
I
don't
have
notes
of
which
ones
exactly,
but
I
know
we
did
at
the
time.
The
investigations,
as
you
can
see,
were
quite
limited
as
a
function
of
this
operation
we
did
follow
up
with,
I
believe,
two
or
three
of
the
the
parents.
I
don't
have
a
note
of
which
ones
exactly,
but
we
did
follow
up
with
with
two
or
three
of
the
the
families
to
get
more
information
about
what
had
happened.
D
F
No,
I
believe
it
was
detective
stables
who
had
went
and
followed
up
with
them,
or
maybe
another
detective
in
the
unit.
D
And
the
2019,
you
said,
the
social
worker
at
a
heist
of
vancouver
high
school
was
that
with
you
directly
that
she
had
contacted.
F
No
initially,
this
this
operation
was
looked
at
by
some
other
detectives
in
the
unit.
As
I
mentioned
operational
necessity,
they
weren't
able
to
to
pursue
it
fully.
Unfortunately,
but
that's
who
the
complaint
initially
went
to.
D
So
they
didn't
follow
up
with
that
youth,
the
social
worker.
F
D
F
No
that
wasn't
my
task
with
the
with
the
investigation.
My
my
task
was
other
things,
so
as
part
of
being
the
lead,
I
had
to
delegate
work
to
other
folks,
which
is
what
I
did
with
those
tasks.
D
And
the
undercover
officers,
you
say
that
there
were
in
your
summer
here
that
there
were
just
three
undercover
officers.
F
I
don't
know
their
exact
ages.
I
just
I
just
know
their
appearance,
yeah.
Okay,
so
I
would
say
mid-20s
probably,
but
I
I
can't
tell
you
exactly.
D
D
F
Nothing
formal.
No,
there
were
lots
of
conversations
around
the
around
the
undercover
operators
that
were
being
suggested,
and
people
generally
agreed
that
they
could
pass
as
youth
and
write
the
right
context,
but
nothing
no
formal
process
was
was
undertaken
for
that.
D
And
you
stated
that
you
had
surveyed
the
premises
on
january
8,
2021
january
9th
2021.
I
believe
you
said
it
was
a
typo.
Is
that
correct?
It
was
correct.
D
December
5th
and
december
12th,
and
you
noticed
that
there
were
youths
they
appeared
in
to
be
youths
that
enter
the
premises.
But
were
you
aware
if
they
made
any
purchases?
No,
no
okay,
so
they
just
entered
the
premises.
That's
all.
D
So
they
could
have
walked
out
with
with
a
t-shirt,
and
you
wouldn't
have
known
whether
it
was
a
t-shirt
or
baked
product.
F
Or
might
they
might
not
have
purchased
anything
at
all?
That's
it's
all
entirely
possible.
I
will
note
that
I
don't
recall
anyone
walking
out
with
any
packaging
and
they
all
were
there
for
generally
under
five
minutes.
So
to
me
that
reads
as
they
were
in
there
purchasing
small
items,
but
you
know
such
as
things
that
they,
my
undercover
operators
purchased
but
yeah.
Certainly
I.
D
D
And
of
the
11
different
undercover
operations,
I
I
do
know
that.
There's
a
couple
believe
that
it
was
just
a
different
undercover
officer
that
came
in
for
information,
but
that's
right.
Generally
speaking,
it
was
just
the
same
three
undercover
officers
throughout.
F
Or
the
the
bulk
of
these
visits,
aside
from
from
two,
it
was
the
same
employed,
eighteenth
and
nineteenth,
where
it
was
mr
khaki.
The
rest
were
the
other
employee.
D
Okay
and
the
other
employee,
you
stated
appeared
that
he
had
recognized
those
three
undercover
officers
previously.
D
F
F
F
D
And
since
that
visit
on
january,
24
or
sorry
february,
24th
2021,
where
you
conducted
the
search
warrant,
have
has
any
other
police
officers
attended
the
premises
instead,.
F
To
my
knowledge,
the
only
subsequent
visits
were
just
administrative
dealing
with
mr
khaki,
but
I
wasn't
involved
in
any
of
those.
I
was
basically
I
completed
this
project,
this
phase
of
the
project,
and
then
I
and
then
I
was
off
dealing
with
other
things.
D
And
then,
during
those
administrative
visits,
are
you
aware
whether
or
not
they
they
would
notice?
If,
if
there
were
cannabis
products
about
or
if
they
would
make
a
note
of
that.
F
F
Well,
all
the
other
cannabis
products
were
stored
in
a
back
room,
typically
in
a
fridge
or
somewhere
out
of
view.
So
the
only
things
that
were
on
display
up
front
were
you
know:
bongs
pipes,
knives
things
like
that.
C
C
A
A
C
D
Thank
you,
mr
couric.
Looking
at
the
closing
comments,
there's
no
mention
of
a
specific
date
in
which
mr
khaki
had
informed
you
that
he
would
stop
selling.
E
No
that
he
did
not
indicate
a
specific
day,
but,
as
I
mentioned
before,
with
the
laws
changing
for
one
to
sell
these
products
in
the
in
british
columbia.
That
deadline
had
already
passed.
So
this
was
a
an
extra
opportunity
for
mr
khaki
to
remove
these
products
from
his
shelf
before
taking
the
next
steps,
which
would
be
issuing
basically,
a
public
health
order
under
the
public
health
act
to
remove
these
hazardous
products.
D
E
D
And
okay,
so
just
to
be
clear
if
even
if
he
did
state
by
the
end
of
march,
this
compliant
investigation
occurred
april.
29Th,
2021,
so
march
had
already
passed.
So
he
wouldn't
be
able
to
go
back
in
time
essentially
and
stop
selling
by
march.
E
D
But
he
didn't
specify
a
timeline.
Okay
and
just
the
last
point
is
I
just
to
confirm
those
four
failed
checks,
the
ones
that
one
had
occurred
each
corresponding
year.
So
one
2017
one
in
2018,
two
in
2019.
D
None
of
those
incidents
were
with
mr
khaki.
Is
that
correct.
E
The
person
who
sold
to
the
miner-
yes,
no,
they
were
not
but
being
the
sole
proprietor.
That's
that's
where
we
have
to
issue
that
ticket
to
that
sole
provider
of
the
business.
D
And
you
stated
that
one
of
the
issues
you
had
with
enforcement
or
compliance
was
the
fact
that
there
were
high
employee
turnover
rates
and
there
was
seemed
to
be.
E
I
would
say
there
is,
if
my
memory
serves
me
correct,
he
did
have
one
individual,
I
don't
know
if
I'm
allowed
to
name
by
names,
but
there
was
one
individual
that
seemed
to
be
there
more
often
than
not,
or
we
would
yeah
we
would
see
more
often
than
not.
But
yes
we
would
rarely,
I
shouldn't
say
rarely
but
asides
from
this
one
individual.
It
seemed
to
be
someone
new
at
all
times.
E
From
our
point
of
view,
it's
the
responsibility
comes
from
ownership,
appointing
the
right
people
such
as
a
manager
and
assistant
manager,
to
run
your
shop.
If
you
cannot
be
there,
yes
would
be
that
point
person
for
communication,
any
potential
progressive
enforcement
to
to
be
worked
with
so
without
being
a
sole
proprietor
and
it
being
very
difficult
to
get
in
contact
with
al.
C
Thank
you.
Miss
hicks,
mrs
you've
been
acting
chief
licensed
inspector
for
the
city
of
vancouver,
since
when.
B
C
B
C
And
on
occasion,
such
matters
are
brought
to
your
attention
from
outside
enforcement
agencies,
correct
that
would
include
agencies
like
the
vancouver
police
department
and
to
vancouver
coastal.
B
C
B
C
Now
I
understand
that
it
was
vpd
and
vancouver
coastal
health
that
alerted
you
to
the
sale
of
tobacco.
Vaping
cannabis
products
to
minors,
but
also
the
cannabis
products
were
being
sold
out
of
the
the
premises
without
the
required
provincial
or
city
licensing.
B
C
So
so,
when
did
when,
were
you
first
approached
by
ibpd
and
vancouver
coastal
health
about
this.
B
I
received
a
report
from
vancouver
police
department
in
march
of
2021
and
subsequent
to
that,
I
received
information
from
vancouver
coastal
health
in
april.
For
the
summary
that
is
part
of
the
hearing
package
and
the
more
detailed
inspection
results
in
july
of
2021.
C
So
so,
specifically,
vancouver
coastal
health
had
provided
you
with
the
synopsis
by
mr
kurus,
along
with
the
inspection
reports
that
are
part
of
the
evidence
package
today
correct
and
with
respect
to
to
vpd
what
information
was
shared
with
you
by
vpd.
B
B
C
I
understand
receiving
that
information.
You
did
some
some
own,
some
of
your
own
research
into
city
records
with
respect
to
the
licensee.
B
I
did
and
during
that
research
I
found
that
in
2011
the
location
had
been
suspended
for
a
a
separate
police
incident
involving
the
purchase
of
stolen
goods.
C
That
city
records
relating
to
that
2011
license
suspension
are
located
in
the
evidence
materials
at
tab
2..
I
see
that
at
the
time
the
deputy
chief
license
inspector
was
mr
tom
hamill
since
retired.
Is
that
correct.
C
And,
as
you
indicated,
it
related
to
stolen
goods
being
purchased
through
the
through
the
store
correct.
If
I'm
not
mistaken,
I
think
that
the
term,
for
that
is
a
is
a
fencing
operation.
Is
that
correct.
C
C
B
C
Now
that
was
that
suspension
was
was
given
and
ultimately
upheld
through
an
appeal
hearing
before
a
similar
panel
in
city
council.
Is
that
right.
B
It
was
the
the
original
suspension
had
been
for
a
21
day
period
upon
a
heel
appeal.
The
suspension
was
upheld,
but
changed
to
14
days.
C
You
came
to
understand
that
vancouver
coastal
health
had
had
conducted
a
number
of
failed
compliance
checks
and
issued
tickets
through
their
enforcement
efforts,
correct,
as
well
as
the
results
of
the
undercover
operation
from
from
vancouver
police
correct.
Now
we
don't
need
to
go
into
to
all
of
that.
You
knew
all
of
the
information
that
was
provided
in
oral
testimony
today,
as
well
as
the
evidence
package.
What
what
concern
did
you
have
as
chief
licensed
inspector,
knowing
this
this
background
with
respect
to
the
operation
of
this
particular
licensee?.
B
I
had
concern
that,
based
on
the
the
prior
history
of
the
location,
from
2011,
along
with
the
the
history
of
complaints
shown
through
vpd
and
the
failed
inspections
that
that
there
was
a
pattern
that
this
business
was
was
not
complying
with
regulations
and
that
you
know
based
off
the
probability.
B
You
know
with
the
failed
inspections
through
vancouver
coastal
health,
that
they
were
selling
vaping
products
at
a
minimum.
If
not
cannabis,
from
the
vpd
file
to
youth
in
the
neighborhood.
C
B
C
And
that
that
interview
took
place
in
in
july
is
that
right,
correct
july
of
this
year
july,
15th,
that
is
correct
and
a
copy
of
your
notes
of
that
interview
are
also
contained
in
the
in
the
evidence,
evidence
material.
C
Those
are
those
notes,
are
at
tab,
seven
and
you
may
wish
to
to
refer
to
specific
passages
you
may
you
may
not,
but
maybe
what
what
I'll
ask
generally
is
just
what
did?
What
did
you
learn
in
the
course
of
that
meeting?.
B
B
C
So
so
we
have
a
situation
where
you're
interviewing
him
there's
a
backdrop
to
the
story
and
that
he's
been
ticketed
he's
been
warned,
he's
been
subject
to
a
search
warrant
and
and
there's
nothing
positive
that
he
can
show
you
in
terms
of
steps
that
he's
taken
to
ensure
that
there
wasn't
gonna,
be
continued
sale
of
this
product,
either
cannabis,
product
or
or
vaping
cannabis
product
to
minors.
B
No,
not
during
our
meeting
his
council
did
discuss
that.
They
would
be
looking
to
create
a
procedure
manual
which
would
clearly
outline
the
requirements
of
the
employees
in
the
store,
including
that
of
identifying
shoppers
who
were
under
the
age
of
25
in
in
terms
of
their
processes
and
steps.
Moving
forward.
C
B
B
To
yes
to
to
provide
training
and
clear
expectations.
C
B
I
was
counsel
for
mr
mr
khaki
did
provide
me
with
a
copy
of
the
manual
okay.
C
Now
you
don't
need
to
go
into
the
specifics
of
of
that
manual,
but
it
was
being
held
out
as
a
solution
for
an
ongoing
problem,
namely
the
sale
of
these
items
to
miners
correct.
C
And
the
the
impression
that
you
were
left
with
was
that
the
licensee
believed
that,
with
this,
the
hiring
of
the
new
manager
and
the
the
new
policies
in
place
that
this
would
alleviate
the
problem.
C
The
subsequent
to
receiving
that
manual,
however,
you
became
aware
of
another
failed
compliance
check
by
vancouver
coast.
Coastal
health
is
that
right.
B
I
was
after
I
sent
my
decision
letter
to
recommend
the
license
be
revoked.
I
was
subsequently
made
aware
from
vancouver
coastal
health
that,
on
the
same
day
as
my
letter
on
october
1st,
there
was
another
failed
compliance
check
where
vaping
product
was
sold
to
a
youth.
C
So,
even
before
that
october,
first
date
in
consideration
of
the
manual
the
information
you
learned
in
the
in
the
interview,
you
at
some
point
weren't
satisfied
that
this
should
be
an
ongoing
business
activity
in
the
in
the
city.
C
And
you
set
out
the
reasons
for
that
in
in
your
letter,
which
is
also
included
in
the
in
the
materials
at
tab.
C
Eight
and
I've
read
from
two
paragraphs
at
the
end
of
of
the
of
the
letter,
meaning
the
second
page,
and
what
you've
said
in
your
letter
was
that,
based
on
the
information
from
vancouver
coastal
health
and
the
vancouver
police
department,
as
well
as
the
previous,
a
business
license
suspension,
I
have
concluded
that
you
are
operating
your
business
for
the
total
disregard
for
the
laws
and
acts
in
which
you
require
to
operate
has
created
a
drain
on
city
and
police
resources.
C
In
addition
to
this,
I
am
at
the
opinion
that
your
best
practices
are
harmful
and
dangerous
to
the
health
of
safety
of
youth,
and
you
stand
by
that
that
belief.
I
do,
and
I
take
it,
that
the
fact
that
there
was
another
failed
compliance
on
the
date
that
you
wrote.
This
letter
in
your
mind
validates
that
conclusion
that
you
came
to.
B
C
Let
me
ask
you
this:
I
I
gave
an
overview
of
of
the
authorities
to
both
this
panel
and
to
and
to
yourself
with
respect
to
revocations
and
and
suspensions.
Did
you
turn
to
your
mind
as
whether
or
not
a
suspension
in
this
case
may
be
an
appropriate
enforcement
action.
B
During
a
review,
that
is
always
something
that
I
consider
whether
or
not
a
suspension
would
have
the
effect
of
changing
business
behavior
based
on
the
history
that
was
in
front
of
me,
and
the
owner's
lack
of
ability
or
willingness
to
take
responsibility
and
place
blame
solely
on
his
employees.
I
did
not
believe
that
the
suspension
would
have
that
effect
and
that
this
business
would
continue
to
have
infractions
of
which
we've
seen
occur.
On
october,
1st.
C
C
B
B
Not
to
my
understanding
that
would
be
information
that
would
be
provided
to
vpd.
D
So
since
2011
since
his
his
two-week
suspension,
you
you
weren't
aware
of
any
other
incidents
of
of
sales,
stolen
goods
or
products.
No,
so
there
is
potential
there
that
mr
khaki
had
learned
from
that
incident
in
october
of
2011
and
no
longer
sold
stolen
goods.
D
And
the
letter
that
you
had
sent
to
mr
khaki
in
my
office
on
october,
1st
2021,
did
you
receive
the
report
from
or
were
you
aware
of
the
the
site
visit
on
october
1st
prior
to
sending
this
letter?
No,
it
was
not
okay,
and
when
were
you
made
aware
of
that
october,
1st
site
visit.
D
B
A
A
Nope,
okay,
seeing
none
at
this
point,
we
will
move
on
to
the
opening
remarks
from
the
licensee
and
the
licensees
council.
Please
go
ahead.
D
Sorry
is
it
fine
if
we
proceed
with
questions
from
mr
khaki,
so
I'll
do
the
direct
of
mr
khaki
and
then
we'll
have
a
summary
on
our
position.
Well,.
A
As
I
mentioned,
not
seeing
any
members
for
the
witnesses,
so
I
think
it
we
should
follow
the
procedure
here,
because
we
do
have
a
sort
of
quasi-judicial
procedure,
so
it
would
be
best
if
we
could
follow
the
order
today.
D
D
Along
with
products
for
the
once
thriving
tourist
community,
the
owner
al
karim
khaki,
has
been
the
sole
proprietor
of
planet
rock
for
the
entirety
of
its
inception
and
has,
over
the
years,
provide
employment
opportunities
for
numerous
individuals
on
an
ongoing
basis.
Mr
khaki
has
had
two
to
three
employees
working
either
part-time
or
full-time.
D
So,
to
summarize,
the
vancouver
health
has
provided
chronology
and
from
that
chronology
again,
it
should
be
noted
that
in
2017
there
was
only
one
instance
in
which
the
compliance
check
failed.
The
same
applies
in
2012,
while
two
occurred
in
2019.
D
of
the
only
four
incidents
that
had
occurred
over
a
three
year
period.
Mr
khaki
was
not
the
individual
who
had
sold
to
minors.
Mr
khaki
was
and
is
well
aware
that
it
is
not
legal
to
sell
vape
and
vape
products
to
minors.
Nor
would
he
do
so
as
he
has
a
daughter
himself
and
would
never
want
a
tobacco
retailer
to
sell
vape
and
vape
products
to
his
daughter
when
she
was
a
miner.
D
It
could
very
well
be
false
reports
made
by
competitors
disgruntled
youth
who
have
been
denied
the
sale
of
vapor
vape
products,
as
mr
khaki
and
his
employees
have
in
the
past,
been
threatened
by
youth
that
they
would
follow
report
against
him
if
he
or
his
staff
would
not
sell
them.
Vape
products
or
even
youth
who
have
obtained
these
items
elsewhere
elsewhere,
such
as
from
their
friends
or
older
friends,
but
they
didn't
not
want
to
disclose
this
to
their
parents.
D
In
response
to
the
undercover
operations,
they
conducted
11
different
visit
visits,
but
to
be
clear
in
reading
the
results
of
the
operation,
there
were
only
three
undercover
officers
that
conducted
these
visits.
The
same
three
officers
would
attend
multiple
times
on
different
dates
and
again
these
undercover
officers
were
all
over
the
age
of
19
and
were
adults
they
potentially
were
in
their
mid-20s,
late
20s
or
even
early
30s.
The
vpd
stated
that
they
appeared
as
youth
to
the
officers
that
conducted
the
operation,
but
that
is
a
highly
subjective
opinion.
D
Therefore,
the
undercover
visit
should
not
be
considered
instances
of
sales
to
minors
or
youths
because
it
was
not
a
sale
to
minors
or
youths
accordingly,
although
there
have
only
been
four
incidents
from
2017
to
september
of
2021,
in
which
actual
recorded
sales
to
miners
took
place.
Mr
khaki
is
still
regretful
of
those
incidents
again
as
a
father
himself.
He
would
never
want
sales
of
vape
and
vape
products
to
minors
to
occur.
D
Mr
khaki
also
realized,
through
those
occurrences,
the
importance
of
having
a
manager
oversee
the
operations
of
the
business
while
he
is
unable
to
do
so
as
a
result
of
those
incidents
and
to
ensure
the
health
and
safety
of
the
community.
Moving
forward,
mr
khaki
hired
a
full-time
employee
and
conducted
a
stringent
background
check,
including
a
thorough
review
of
her
references
upon
hiring
this
individual,
mr
khaki
trained
her
directly
and
required
that
she
strictly
follow
the
store
operations
policy
that
he
has
created.
D
So
mr
khaki
has
not
ordered
additional
nicotine
products,
vape
or
vape
products,
and
intends
to
not
order
any
additional
nicotine
products
or
vape
products.
Moving
forward
again
he's
regretful
of
the
incidents
that
have
occurred
and
does
not
want
these
incidents
to
occur
again.
So
he
has
made
the
decision
to
see
selling
vape
and
vape
products
on
october
26
2021,
the
city
had
inspectors,
attend
planet
rock,
to
ensure
that
all
vape
and
vape
products
have
been
removed
from
the
premises
pending.
D
So
we'd
like
to
move
forward
with
questions
for
mr
khaki.
A
And
just
put
the
microphone
on
before
we
do
that.
Just
you
know
proceeding
in
order
here.
Do
you
have
any
witnesses
that
you're
planning
to
call.
D
Yes,
we
should
have
a
witness
that
has
attended
by
webex,
I'm
not
sure
if
she's
she's
in
there,
but
I've
sent
her
the
link
this
morning.
Typically.
D
But
is
this
is
the
witness
present
on
the
webex
julia
julia
julia?
Yes,.
A
A
Second,
by
cancel
hard
work.
Thank
you
all
in
favor
hi.
Thank
you.
Okay.
Sorry,
council.
Please
go
ahead
and
clark.
We
do
have
the
witness
available
now
on
the
webex.
A
A
D
Yes,
I'd
like
to
introduce
the
new
manager,
julia
patch
she's,
been
working
at
planet
rock
since
july
of
2021
and
she'll
corroborate,
essentially
a
statement
that
planet
rock
will
no
longer
be
selling
vape
or
vape
products,
yeah,
okay,
julia
initially,
when
you
were
hired
by
mr
khaki.
What
was
your,
what
was
your
role
and
what?
What
did
it
move
into.
H
So
I
was
hired
just
as
a
general
employee,
mainly
doing
organization
of
products
like
there's
a
bunch
of
stock
in
the
back
and
in
the
store
that
was
just
fairly
unorganized.
So
I
was
hired
to
organize
that
and
then
it
quickly
turned
into
like
a
manager
position
just
because
it
was
like
needed
in
the
store.
H
So,
basically,
just
like
helping
customers,
I
do
send
suggestions
for
ordering
opening
up
shop,
doing
cash
out
and
stuff
like
that.
We
haven't
hired
any
new
employees,
but
if
we
were
to
hire
new
employees,
I
would
be
responsible
for
training
them
as
well.
D
And
the
employee
that
had
made
a
sale
to
a
minor
in
october,
first
2021
is
he
and
a
newer
employee
than
yourself.
H
Not
no
he's
hired
after
me,
but
he
was
hired
before
I
was
a
manager.
So
I
I
did
not
train
him.
D
And
during
that
week,
on
october,
1st
2021,
is
it
true
that
you
contracted
covet
19
and
were
unable.
D
And
were
you
instructed
to
identify
anyone
that
appears
as
minders
when
they're
trying
to
purchase
vapor
vape
products.
D
In
terms
of
managerial
experience,.
H
H
D
H
The
status,
so
we
are
no
longer
selling
the
products
at
all,
so
everything's
been
taken
off
the
premise
and
we're
not
selling
these
products
whatsoever.
A
Great,
thank
you.
Thank
you,
the
witness
and
thank
you
to
council.
So
at
this
point
we
do
have
the
opportunity
for.
A
C
I
think
the
council
for
the
city
has
an
opportunity
to
ask
ms
patch
some
questions
based
on.
A
C
Yes,
I
do.
Thank
you,
miss
patch.
Thank
you
for
joining
us.
I'm
sorry
that
yeah,
I'm
sorry
that
that
you
had
covet
over
what
two
week
period
were
you
off
work.
C
And
who
did
you
directly
report
to
as
your
superior
ow
ow
and
so
who
minded
the
shop
and
managed
it
in
your
absence.
H
C
Okay,
in
effect
the
the
sale
to
the
miner
on
october
1st
happened
on
al's
watch.
Is
that
fair
to
say.
C
Okay,
are
you
responsible
for
the
website
yep,
keep
it
the
website
at
all.
H
No,
where
I
I
don't,
have
knowledge
in
how
to
operate
a
website,
so
I've
been
trying
to
get
somebody
to
to
redo
the
website,
because
everything
on
there
is
quite
not
updated.
H
We're
we're
trying
to
get
someone
to
handle
all
of
our
social
media
and
everything
like
that.
So
we've
only
really
been
looking
for
a
couple
weeks.
A
couple
to.
C
H
Somebody
to
do
that
yeah
because
yeah
we're
just
we're
going
through
a
bunch
of
changes
at
the
moment,
so.
H
C
C
Okay,
it
also
says
that
you're
offering
various
seeds
for
sale
and
much
more.
H
A
Great,
thank
you,
council
and
thank
you
to
the
witness
at
this
point
panel
members.
Do
you
have
any
questions
for
the
witness.
A
Okay,
seeing
none
at
this
point,
thank
you
and
we
now
have
an
opportunity
for
closing
submissions
commencing
with
the
city
of
vancouver
council.
Please
go
ahead.
B
Point
of
privilege
chair,
I
do
have
a
question.
A
Okay,
just
hold
tight
for
one
moment:
please
counselor
hardwick.
A
Just
gonna
ask
the
business
license
holders
council,
if
you
don't
plan
to
call
any
other
witnesses
you
had
just
mentioned
you
had
the
one.
Is
that
correct?
Yes,.
D
I
had
the
one
mr
khaki
wanted
to
just
make
a
few
statements.
If,
if
that's
fine
with
the
procedures
or
okay.
A
B
It's
been
stated
that
this
is
that
the
sale
of
vaping
products
was
not
done
with
the
knowledge
and
consent
of
the
business.
So
what
would
compel
employees
to
sell
these
products
to
miners?
Are
they
not?
Are
they
being
paid
on
an
hourly
rate
rate?
Do
they
get
commission?
B
H
That
I
really
have
no
idea:
I've
never
encouraged
sales
to
minors
nor
I've
sold
to
minors,
myself
we're
not
on
a
commission
basis,
we're
paid
hourly.
So
I
don't
know
why
anyone
would
be
compelled
to
sell
to
a
youth
or
anyone.
That's
underage
again
like
since
me
being
hired.
I
haven't
sold
anyone
that
has
been
underage
and
I
practice
checking
id.
H
B
H
I
don't
know
why
why
it
would
have
been
done
like
honestly,
like
I
don't
know
why
anyone
would
be
compelled
to
again.
Like
I
said,
I
have
not
sold
to
anyone
underage
and
I
am
there
most
the
time
so,
but
I
cannot
speak
on
behalf
of
past
employees
or
anything
like
that.
A
Okay,
thank
you,
councillor
hardwick,
and
thank
you
to
julia
patch.
That
is
final
question.
So
back
to
the
licensees
council,
you
said
that
mr
cocky
wishes
to
make
some
remarks.
A
C
C
The
concern,
I
think,
was
articulated
well
by
our
chief
licensed
inspector
that
when
you
take
a
look
at
the
complaints,
you
take
a
look
at
the
investigation.
You
take
a
look
at
what
was
seized
at
the
premises
and
you
take
a
look
at
the
statements
made
by
the
licensee
that
this
is
a
pattern
of
behavior.
C
C
The
submissions
of
the
chief
license
inspector
that
she
has
no
faith,
that
this
business
can
be
run
in
such
a
way
that
it
will
there
will
be
no
longer
violations
under
various
regulations,
including
the
sale
of
such
products
to
minors.
This
panel
needs
to
decide
whether
it
accepts
the
licensee
submissions
in
the
face
of
litany
of
evidence.
To
the
contrary,
the
chief
license
inspector
is
suggesting
the
revocation
of
the
license
based
on
the
history
based
on
her
concerns
and
that's
the
the
position
that's
being
put
forward
today.
We
are
asking
that
the
license
be
revoked.
A
D
In
addition
to
my
closing
statements,
mr
khaki
would
like
to
make
some
closing
statements
as
well.
If
that's
allowed
so
he'll.
A
D
I
Hi,
I
regret
that
what's
happened
and.
I
This
is
my
livelihood.
I
would
not
do
anything
blatantly
to
you
know
that
I
would
get
my
license
revoked
my
business
shut
down
knowingly
I
relied
on
my
on
on
on
my
managers
to
give
me
information.
They
told
me
that
that
was
okay.
This
was
okay
regarding
seeds
and
that
up
to
now,
businesses
are
selling
seeds
in
vancouver.
I
I
made
few
phone
calls
yesterday,
so
we
we
do
a
little
bit
of
research
and
that's
what
my
managers
do
and
they
check
to
see
if
these
things
are
sold
and
then
we
based
some
of
some
decisions
on
that
and
that's
what
some
of
the
decisions
were
based
on
is
the
other
stores
are
still
selling
them.
They're
bought
from
companies
that
are
legally
in
vancouver
other
than
that.
All
I
can
say
is
I'm
very
sorry.
I
I'm
I
am
taking
more
active.
I've
heard
I
had
hired
a
professional
manager
this
time.
I
The
last
incident
that
happened
when
when
my
manager
was
sick
is
I
was
there
for
a
few
days
and
we
had
hired
a
new
employee
and
he
did
not
bother
to
check.
Unfortunately,
so
from
that
day
on,
I
decided
I'm
not
going
to
sell
any
weight
products,
because
I
did
not
want
any
more
issues
problems
so
from
that
day
on,
I
just
stopped
selling
the
products.
I
do
not
carry
them
anymore.
I
We've
had
the
city,
inspectors
come
in
and
I
don't
mind
them
coming
in
if
they
want
to
check
once
in
a
while,
but
we're
not
going
to
sell
weight
products
whatever
I
have,
I'm
just
gonna
throw
them
away,
take
a
loss,
but
it's
not
worth
any
more
headaches
for
for
for
me,
because
it
is
it's
a
it's
been
really
stressful.
For
for
me,
for
all
the
incidents
that
happened
and
I'm
doing,
I've
been
doing
my
best
to
hire
proper
employees,
and
I
think
this
time
I
have
hired
proper
employees
and
we're
keeping
on
top.
I
D
Vape
and
vape
products
will
continue
to
be
sold
to
minors
in
addition
to
cannabis
products
being
sold
in
general
in
considering
their
revocation
of
mr
khaki's
business
license.
It's
our
request
that
the
city
overturns
the
decision
of
the
chief
licensing
inspector
rather
than
revoke
his
business
license
as
planet
rock
does
not
pose
a
safety
risk
to
youths
or
the
community
at
large.
D
Mr
khaki
will
no
longer
sell
vapor
vape
products
to
youth,
nor
will
any
cannabis
sales
take
place
again.
Mr
cack.
Unfortunately,
at
the
time
due
to
his
medical
issues
and
taking
care
of
his
aging
mother,
he
relied
on
employees,
but
he
has
since
learned
that
that's
not
an
available
option
for
him
any
longer.
So
he's
taken
a
much
more
hands-on
approach.
D
It's
not
possible
for
the
store
to
salvate
products,
vapes
vape
products
or
cannabis
products,
given
that
it's
not
in
the
store
any
longer
and
he's
not
going
to
be
restocking
those
materials
and
in
in
terms
of
a
history
of
non-compliance.
There
was
only
one
incident
in
2011.
D
In
terms
of
showing
a
history
of
that,
and
since
he
had
received
the
suspension
back
in
2011,
there
were
no
other
incidents
of
stolen
goods
being
sold.
So
clearly,
just
a
suspension
would
cause
mr
khaki
to
to
understand
that
these
are
very
strict
and
serious
punitive
measures
and
he
won't
make
the
same
infractions
again
so
again.
Alternatively,
if
the
city
intends
to
provide
some
punitive
measures
against
mr
khaki,
then
we
would
respectfully
submit
that
at
most,
a
two-week
suspension
take
place
as
lengthier
as
a
lengthier.
D
Suspension
would
be
detrimental
to
mr
khaki's
business.
Again
due
to
covet
19.
Mr
khaki's
business
has
taken
a
steep
downturn
and
mr
khaki
khaki's
lease
payments
to
his
landlord
are
currently
in
arrears.
He
more
recently
was
able
to
make
small
a
small
payment
towards
the
lease
in
arrears
and
his
landlord
has
not
been
able
to
evict
him
due
to
the
government
policies,
but
with
restrictions
lifting
if
mr
mr
khaki
is
unable
to
continue
to
make
payments
towards
his
list
his
lease
currently
in
arrears.
D
He
believes
that
his
landlord
as
patients
will
wear
thin
and
that
an
eviction
and
the
closure
of
planet
rock
would
be
imminent.
Furthermore,
planet
rock's
closure
would
not
serve
the
community
at
large,
as
numerous
businesses
along
granville
street
have
closed
due
to
coven
19.
between
smythe
and
nelson
street.
The
stores
with
addresses.
D
Zero,
nine
two,
nine
eight
zero,
nine
nine
eight
are
not
in
operation
between
nelson
and
hemp,
helmkin
street.
The
stores
with
addresses
one
zero,
three,
three
one:
zero:
four:
seven:
one:
zero:
five,
nine
one:
zero
six,
three
and
one
zero;
seven
one
have
closed,
and
between
helmkin
and
davie
street
one
one:
zero,
nine
one
and
one
one
six
seven
of
close.
This
is
a
total
of
15
stores
between
a
three
blocks
span
along
granville
street
that
are
either
empty
or
not
in
operation.
D
If
a
suspension
would
occur,
it
would
be
likely
that
if
a
lengthier
suspension
were
to
occur
or
a
revocation
of
his
business
license
were
to
occur,
it
would
likely
be
that
planet
rock
will
be
another
empty
storefront
along
granville
street.
A
Great
thank
you
for
the
submission
and
closing
remarks
so
panel.
At
this
point,
we're
moving
on
to
decision
and
discussion
by
the
panel
so
panel
has
the
opportunity
to
discuss
it
and
just
by
way
of
reminder,
when
the
panel
moves
to
decision,
you
have
three
options
in
front
of
you:
one
to
uphold
the
chief
license,
inspector's
recommendation
to
set
aside
that
recommendation
or
or
to
set
it
aside
and
attach
conditions
to
the
license
so
put
yourself
on
the
queue.
G
A
Okay,
so
we
have
a
motion
on
the
floor
to
uphold
the
chief
license,
inspector's
recommendation,
and
do
we
have
a
seconder
for
that.
B
A
Seconded
by
councillor
hardwick,
if
there
is
any
discussion.
G
I
have
a
few
comments.
I'd
like
to
add,
if
I
may,
I
do
see,
I
appreciate
the
submissions
from
everybody
who's
joined
us
here
today.
I
do
see
a
pretty
obvious
pattern
of
non-compliance
here.
Multiple
misrepresentations
by
the
proprietor,
multiple
failed
compliance
checks,
multiple
sales
to
minors,
and
I
believe
that
this
has
eaten
up
a
lot
of
resources
on
the
city
side
on
vancouver,
coastal's
health
side
on
the
police
department's
side.
G
You
know
I
note
that
the
website,
despite
it
being
inaccessible,
the
way
back
machine
internet
archive,
shows
that
it
was
updated
on
january
26,
2021
to
change
the
hours
of
operation
which
were
at
that
point
listed
to
be
open
until
2am
on
weekends.
So
clearly,
there
was
an
opportunity
to
go
in
and
update
the
website
and
remove
some
of
these
kind
of
pieces,
and
that
was
an
opportunity
that
was
not
available.
G
So
I
I
don't
take
a
lot
of
the
submission
that
there
was
no
opportunity
to
update
the
website
as
as
accurate,
I'm
also
extremely
concerned
when
I
see
the
additional
items
that
aren't
a
source
of
the
the
complaint
here,
but
when
I
see
knives
bear
spray.
Baggies
scales
being
sold.
I
think
that
establishes
a
whole
other
pattern
that
were
this
license
to
be
continued.
I
would
feel
strongly
that
it
should
be
further
investigated
because
I
don't
think
that's
the
kind
of
business
that
is
helpful,
especially
when
it's
pandering
and
catering
to
young
people,
so.
A
Thank
you,
councillor
frye.
I
don't
I'm
going
to
put
myself
to
make
a
couple
comments.
A
I
don't
have
too
much
to
add
to
counselor
fry's
remarks
other
than
to
concur,
and
I
think
there
were
two
distinct
things
that
we
heard
in
the
submissions
today
and
that
was
not
simply
about
selling
to
minors,
but
also
the
sale
of
products
for
which
the
licensee
did
not
have
a
business
license,
and
so
in
hearing
even
directly
from
the
licensee
that
you
know
he
would
quote,
take
a
loss
on
some
of
the
product
and
sort
of
down
for
or
or
sort
of
get
rid
of
that
to
me
just
lends
credence
to
the
to
the
sort
of
contraventions
that
have
been
brought
forward.
A
I
would
also
concur
that
a
great
deal
of
resources
has
been
spent
on
this
and
it
is
uncommon
for
the
city
of
vancouver
to
revoke
a
business
license
and
takes
that
decision,
often
quite
seriously
and
often
will
work
and
use
best
practices
to
work
with
a
licensee
to
move
forward.
So
I'm
not
compelled
by
the
commentary
that
I
heard
from
the
licensee
with
respect
to
what
appeared
to
be
an
abdication
of
responsibility,
because,
ultimately,
as
a
business
owner,
you
are
responsible,
and
this
has
happened
over
a
period
of
time.
A
I
do
appreciate
it's
a
significant
decision
in
terms
of
impacting
someone's
livelihood,
but
I
think
that
it's
a
pretty
significant
impact
that
the
activities
in
question
have
had
with
respect
to
a
number
of
people
in
the
community
that
are
vulnerable
and
as
counselor
fry
had
alluded
to,
it
was
a
pattern
of
behavior.
So
for
that
reason
I
will
support
the
motion
on
the
floor
and
uphold
the
chief
license.
Inspector's
recommendation
counselor
car
before
we
move
or
is
counselor
sorry
hardware
before
we
move
to
a
vote,
do
you
have
any
comments?
A
Okay,
so
that
motion
has
passed
the
recommendation.
The
chief
license
vector,
has
been
upheld
with
a
unanimous
vote
in
support
that
motion.